Act concerning the Ombudsperson (Ombudsfrau / Ombudsmann) of the Canton of Basel-Stadt

1. The Appointed Complaints Officer (Ombudswoman / Ombudsman) of the Canton of Basel-Stadt is tasked, within the scope of their delegated authority, with improving the protection of the constitutional and statutory rights of individuals and enhancing the parliamentary oversight over the administration.

2. They fulfill their duties by

a) assisting individuals in their interactions, particularly in safeguarding their rights and interests vis-à-vis the administration, and mediating in disputes;

b) encouraging the administration to adopt citizen-friendly behaviors while also protecting it from unjustified accusations;

c) reporting to the Grand Council about their activities.

**1. The Ombudsman for Complaints Handling is elected by the Grand Council from among those eligible to vote in cantonal matters, with an absolute majority of its members, for a term of office of six years. The Election Preparation Committee prepares the election, reports to the Grand Council on the matter, and makes a proposal. Within 4 weeks of the announcement of the committee's report, 5 council members may submit their own written nomination to the Grand Council. The Election Preparation Committee will subject the additional nominations to the election preparation process and will provide the Grand Council with an additional report. If no nomination achieves the necessary absolute majority of the Grand Council members, the committee will resume its election preparations.**

**2. The Grand Council usually elects one woman and one man to share the 100-percent position. In the case of a joint appointment in job-sharing, the two individuals will agree on the division of the total workload after the election. No workload should be less than 40 percent. If no agreement is reached, the division will be made equally. If one of the two individuals leaves during the term of office, the Grand Council will arrange for a replacement for the remainder of the term.**

**3. Their employment relationship corresponds to that of a President of the Civil Court, and their residence is within the Canton of Basel-Stadt.**

**4. They may not hold any other public office, board of directors mandate, leadership role in a political party, or other gainful employment. The Grand Council may grant exceptions. If they are performing part of the Ombudsman position, they may, with the consent of the Election Preparation Committee, engage in or commence other employment. The Election Preparation Committee will not grant consent if there are important reasons against it.**

1. The Ombuds Office is organizationally assigned to the office of the Grand Council.

2. It independently prepares its own budget.

1. The personnel law of the canton applies to the Ombudsman or Ombudswoman, as well as the staff of the Ombudsman’s office, insofar as this law does not provide otherwise.

2. The Ombudsman or Ombudswoman is responsible for personnel matters concerning other employees of the Ombudsman’s office, as well as for personnel-related measures in relation to their own employees. The legal remedy procedure is governed by §§ 40ff. Personnel Act.

3. The staff of the Ombudsman’s office is exclusively subject to the instructions of the Ombudsman or Ombudswoman.

4. The office of the Great Council decides on the classification of the personnel after consulting the Central Personnel Service. Classification is carried out according to the principles of job evaluation provided in the Wage Act of January 18, 1995.

5. Orders concerning classifications, as well as the refusal to conduct a classification procedure, can be contested by the position holder by filing an objection with the office of the Great Council within 30 days. The decision is made after consulting the Evaluation Commission.

**1. The Scope of the Ombudsman's Authority**

The scope of the Ombudsman's authority in handling complaints encompasses all cantonal authorities and administrations, as well as cantonal institutions, organizations, and agencies, provided they do not operate in a private commercial capacity.

**2. Exclusions from the Scope of Authority:**

a) The Grand Council;

b) Other authorities in the preparation, enactment, amendment, and approval of generally binding ordinances;

c) Authorities with judicial independence, as long as they are not operating within the realm of judicial administration;

d) Other authorities in appeals procedures, except in cases of denial of justice, undue delay, and other breaches of official duties;

e) Publicly-recognized churches and the Israelite Community;

f) Notaries.

**3. Private Law Institutions and Organizations:**

Institutions and organizations under private law fall within the Ombudsman's authority only if they have been delegated sovereign tasks or are predominantly funded by the canton.

1. Any individual can request the Ombudsman to review a matter in which they believe an entity has committed misconduct. The request may concern either an ongoing or a concluded matter; however, it does not have a suspensive effect.

2. The Ombudsman can also act upon the suggestion of an entity within their jurisdiction or on their own initiative.

1. The Ombudsman for Complaints Handling determines independently the extent to which they will address a matter and whether they wish to conduct an investigation.

2. They decline or terminate an investigation

a) if they lack jurisdiction;

b) if the applicant does not assert a legitimate private or public interest, or acts frivolously, vexatiously, or in bad faith;

c) if another means of addressing the concern is appropriate.

1. If the Ombudsman initiates an investigation, they clarify the facts of the case, inform the affected entity, and examine their conduct for legality, appropriateness, correctness, and fairness.

2. They are authorized to

a) request written or oral information from the entities within their jurisdiction at any time and without regard to any potential confidentiality obligations, and demand the submission of all documents necessary for the assessment of the matter;

b) question informants;

c) conduct on-site inspections and visits;

d) consult experts for matters requiring specific expertise for evaluation.

1. Based on the results of the investigation, the Complaints Officer (Ombudsman) makes a statement on the matter.

2. He/she may

a) provide advice to the complainant regarding their future conduct;

b) discuss the matter with the authorities;

c) issue a written recommendation to the reviewed entity. This is also forwarded to the supervisory authority, the complainant, and, at his/her discretion, to other involved parties and interested authorities.

3. However, he/she is not authorized to issue any specific orders, annul or amend decisions, or give instructions.

1. The use of the Complaint Officer (Ombudsman) is free of charge.

1. The representative for complaints handling (Ombudsman) is obliged to maintain confidentiality towards third parties and the complainant to the same extent as the relevant authorities.

2. All members of authorities and employees of offices that fall within the jurisdiction of the representative for complaints handling (Ombudsman) are released from their duty of confidentiality towards the Ombudsman.

3. The right to refuse to provide information and access to files is granted to

a) anyone who would expose themselves or a relative to criminal prosecution. Relatives are defined as the spouse and the ex-spouse, the fiancé(e), the registered partner and the former registered partner, even if the registered partnership has been dissolved, individuals connected by a de facto cohabitation, relatives and in-laws in the ascending and descending line, siblings, brothers-in-law, and sisters-in-law, stepparents, stepchildren, and stepsiblings, adoptive parents and adoptive children, as well as foster parents and foster children;

b) clergy, lawyers, notaries, auditors obliged to confidentiality under the Code of Obligations, doctors, dentists, pharmacists, midwives, insofar as they are asked questions that would breach a secret entrusted to them or disclosed to them in the course of their professional activities; their assistants and third parties employed by them for the exercise of their profession are regarded as equivalent;

c) members of authorities or public officials, provided they would have to disclose secrets that have been entrusted to them in their official capacity and which they are obliged to keep by specific order or regulation. The government council may only order the refusal of information and access to files if and as long as the security and welfare of the community urgently require it.

1. The Commissioner for Complaints (Ombudsman) shall report to the Grand Council at least once a year in detail about their activities. They shall point out deficiencies in the applicable law and administrative activities and may propose legislative, organizational, or administrative reforms.

2. When examining their report, no information subject to the Commissioner's duty of confidentiality and no documents they have reviewed may be requested from the Ombudsman.

1. With the enactment of this law, the following cantonal laws are amended